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38. Inheritance (Irth)

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  • Ruling 2775

    If the heirs of the deceased are paternal uncles and paternal aunts, some of them being paternal half-uncles/aunts from the father’s or mother’s side and others being full paternal uncles/ aunts, then the paternal half-uncles/aunts from the father’s …

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  • Ruling 2776

    If the deceased has only one maternal uncle or only one maternal aunt, he or she inherits the entire estate. If he has both a maternal uncle and a maternal aunt, whether they be full – i.e. they …

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  • Ruling 2777

    If the only heirs of the deceased are one or more maternal half-uncles and maternal half-aunts from the mother’s side, and full maternal uncles and maternal aunts, and maternal half-uncles and maternal half-aunts from the father’s side, then …

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  • Ruling 2778

    If the heirs of the deceased are one or more maternal uncles, or one or more maternal aunts, or a maternal uncle and a maternal aunt with one or more paternal uncles or paternal aunts, or a paternal …

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  • Ruling 2779

    If the deceased does not have any living paternal uncles or paternal aunts, or maternal uncles or maternal aunts, then their shares pass on to their offspring. Therefore, if the deceased has one female cousin from his paternal …

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  • Ruling 2780

    If the heirs of the deceased are his father’s and mother’s paternal and maternal uncles and aunts, the estate is divided into three parts: one part is inherited by the deceased’s mother’s paternal and maternal uncles and aunts; …

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  • Ruling 2781

    If a woman dies without any offspring, half of her estate is inherited by her husband and the remainder by her other heirs. But if she has offspring from that husband or from another husband, then her husband …

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  • Ruling 2782

    If a man dies without any offspring, a quarter of his estate is inherited by his wife and the remainder by his other heirs. But if he has offspring from that wife or from another wife, then his …

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  • Ruling 2783

    If the wife wishes to have right of usage over things which she does not inherit, such as the land of a residential house, she must obtain permission from the other heirs. It is not permitted (jāʾiz) for …

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  • Ruling 2784

    If the heirs wish to undertake the valuation of the buildings, trees, and similar things, they must do so in the way experts usually undertake valuations. That is, they must disregard the particulars of the land it is …

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